E-Verify, the Internet-based system operated by United States Citizenship & Immigration Services (USCIS) that allows employers to verify the employment eligibility of employees, is currently voluntary at the federal level. However, certain states have acted to require some or all employers to use the system. Arizona has the most sweeping law, requiring all employers to use E-Verify.

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Rejecting the view of many lower courts, the Supreme Court has determined, by a 5-4 vote, that under the federal Age Discrimination in Employment Act (“ADEA”), employees alleging disparate treatment must prove that age discrimination was the “but-for” cause of an adverse employment action in order to prevail.  Therefore, to prove their case, it is no longer sufficient for plaintiffs to show...

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Disability discrimination complaints are on the rise in the workplace, with several employers getting hit with disability bias lawsuits in recent months.

In back-to-back filings last week...

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The U.S. Equal Employment Opportunity Commission on June 17, 2009, voted to revise its regulations on the Americans with Disabilities Act (“ADA”) to reflect changes made by the ADA Amendments Act (“ADAAA”) of 2008.  The ADAAA, which became effective on January 1, 2009, makes it easier for individuals seeking protection under the ADA to establish that they have a disability.

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The U.S. Citizenship and Immigration Services (“USCIS”) has announced that the current version of Form I-9, Employment Eligibility Verification, which is set to expire June 30, 2009, can continue to be used until a new version of the form is issued. No substantive changes are expected to be made when the updated form is released.

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Drawing a distinction between picketing and striking, the 2d U.S. Circuit Court of Appeals has held that a New York health clinic unlawfully fired five employees for joining a picket line, even though the picketing itself was an unfair labor practice by the union.

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Now that the Department of Labor has issued several pieces of formal guidance aimed at assisting employers and insurance carriers to implement the COBRA subsidy rules introduced by the American Recovery and Reinvestment Act of 2009 ("ARRA"), the IRS...

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In ruling for a group of white firefighters in New Haven on Monday, the Supreme Court tried to address a damned-if-you-do, damned-if-you-don’t quandary for many cities and other employers: what they should do when an employment test yields results that overwhelmingly favor whites.

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